This division may be cited as the Municipal Improvement Act of 1913.
Chapter 1General Provisions
Section § 10000
This law is officially called the Municipal Improvement Act of 1913.
Municipal Improvement Act of 1913 public infrastructure public works projects city improvements local government projects community development public facilities municipal upgrades infrastructure financing city planning civic projects urban development
Section § 10001
This section says that the definitions provided in this part are used to understand and interpret this entire division unless there's a specific reason not to.
Unless the context otherwise requires, the definitions contained in this part shall govern the construction of this division.
definitions context interpretation division construction part-specific definitions governing definitions context requirements interpretation guidelines construction rules division-specific terms legislative language interpretation boundaries
Section § 10002
This law defines 'improvement' as any work or enhancements that are approved under this division and are intended for public use or necessary for public use.
“Improvement” includes all work and improvements authorized to be done under this division which are for a public purpose or which are necessary or incidental to a public purpose.
public improvement authorized work public purpose necessary improvements incidental improvements work enhancements public use authorized enhancements public projects necessary use incidental purpose division approval enhancements for public improvement definition public work authorization
Section § 10003
This law defines the terms "municipality" and "city" to include not only traditional cities and counties, but also other entities like public corporations, agencies, joint powers entities, and special districts. These entities are authorized to operate under this division and may focus on improving navigation or commerce.
“Municipality” and “city” include every city, city and county, or county, or other entity, public corporation, or agency authorized to operate under this division, including any joint powers entity created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and any special district organized for the purpose of aiding in the development or improvement of navigation or commerce to, or within, the district.
municipality definition city definition public corporation agency joint powers entity special district commerce navigation improvement public agency city and county entity operation Chapter 5 Division 7 Government Code Section 6500 development
Section § 10004
This section defines 'legislative body' as any group that serves as the legislative department in a city or municipality. Essentially, it refers to the group responsible for creating and passing laws at the local city or town level.
“Legislative body” includes any body which by law is the legislative department of government of the city, or municipality.
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Section § 10005
This section defines 'city treasurer' as anyone responsible for managing and disbursing the city or municipal funds.
“City treasurer” includes any person or officer who has charge and makes payments of the city or municipal funds.
city treasurer definition municipal funds management officer in charge of funds city funds payment municipal officer duties responsibility for city funds disbursement of funds financial officer treasury management city financial officer funds disbursing authority municipal finance city payment responsibilities
Section § 10006
This law defines the term "install" to encompass various activities related to infrastructure. It includes constructing, reconstructing, extending, repairing, and maintaining structures.
“Install” includes construct, reconstruct, extend, repair, and maintain.
install definition infrastructure construction reconstruct infrastructure extend infrastructure repair infrastructure maintain structures infrastructure activities construction activities infrastructure repair activities related to installation structural maintenance building extension reconstruction of structures infrastructure extension general infrastructure maintenance
Section § 10006.5
This law defines 'incidental expense' in the same way as another law (Section 5024), but it also notes that there are some limits set by yet another law (Section 10204.1). Basically, it's saying to refer to one specific definition while keeping in mind certain restrictions.
Subject to the limitation of Section 10204.1, “incidental expense” has the same meaning as specified in Section 5024.
incidental expense definition cross-reference Section 5024 restriction Section 10204.1 limitation expense definition legal reference California expenses financial terminology cost limitations expense clarification related sections statutory interpretation expense parameters incidental costs
Section § 10007
The term "street" refers to any public street, alley, or similar places within a city, as well as any right of way the city owns or controls. This definition can apply to entire streets or just parts of them.
“Street” includes the whole or any part of one or more public streets, alleys, or other places in any municipality, and rights of way owned or held by any municipality for the purposes of this division.
public streets alleys municipality places rights of way public right of way street definition municipality controlled streets city streets public locations public alleys
Section § 10008
In this section, an "assessment district" is defined as a specific area of land that will benefit from a particular improvement project. The property within this district is subject to special fees or assessments to cover the costs and any damages associated with the project.
“Assessment district” means the district of land to be benefited by the improvement and to be specially assessed to pay the costs and expenses of the improvement and the damages caused by the improvement.
assessment district land improvement special assessment benefited land costs and expenses damages land development property fees project costs local improvement district fees infrastructure funding property assessment community enhancement landowner obligations
Section § 10009
This law section states that the rules and procedures in this division apply to any county, district, or public corporation if they can carry out the improvements allowed under this division. The local officials in these entities, who have similar roles to city officials mentioned in the division, will have the same powers and duties. If there is no similar official, the governing body must appoint someone to handle these duties.
The provisions of this division apply to all counties and districts, or other public corporations insofar as such corporations have the power applicable to them to make any of the improvements authorized under this division. The officers of such counties, districts, or other public corporations who have similar powers and duties as the municipal officers referred to in this division have the powers and duties given by this division to such municipal officials. Where no similar officer exists, the legislative body of the county, district, or public corporation shall by resolution appoint a person or designate an officer to perform the duties under this division.
counties and districts public corporations improvement projects local government powers municipal duties appointment of officers county legislative body district authority public improvements designation of duties
Section § 10010
This section defines what an 'acquisition' means when a city or local government plans to acquire or create public works and utility projects. It covers several areas: acquiring existing facilities and improvements, buying necessary electricity or gas for public services, obtaining property or rights necessary for construction, and addressing any previous liens on properties being assessed for a new project. If a property had a special assessment lien, that cost is included in the new project's fees.
“Acquisition”, or any of its variants, means and includes one or more of the following:
(a)CA Streets and Highways Code § 10010(a) Any works, improvements, appliances, or facilities authorized to be made, constructed, or acquired under this division and which are in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof; any use or capacity rights in any of the foregoing; and any works, improvements, appliances, or facilities acquired or installed pursuant to Sections 10109 to 10111, inclusive. Any work, improvement, appliance, or facility which was not in existence and installed in place on or before that date may be acquired if it was constructed as if it had been constructed under the direction and supervision or under the authority of the municipality.
(b)CA Streets and Highways Code § 10010(b) Electric current, gas, or other illuminating agent for power or lighting service.
(c)CA Streets and Highways Code § 10010(c) Any real property, rights-of-way, easements, or interests in real property, acquired or to be acquired by gift, purchase, or eminent domain, and which are necessary or convenient in connection with the construction or operation of any work or improvement authorized to be acquired or to be made or constructed under this division, except real property, rights-of-way, easements, or interests in real property shown upon a final map filed with or submitted to the legislative body for acceptance and approval pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) and offered for dedication to public use by that map or by any separate offer of dedication.
(d)CA Streets and Highways Code § 10010(d) The payment in full of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any assessment parcel included in the new assessment district. The amount of the payment shall be included in the new assessment on the parcel. This subdivision is applicable only where the acquisition is incidental to other acquisitions or improvements.
acquisition public works utility projects electric current gas illumination real property rights-of-way easements eminent domain special assessment liens assessment district construction improvements municipality projects
Section § 10011
This section defines who is considered the 'owner' of a property. It includes anyone who has the legal title recorded at the county's recorder's office, the person physically possessing the property, or someone acting on behalf of the owner, such as an executor or guardian. In cases where the property is rented, the tenant's possession is treated as the owner's possession.
“Owner” means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder’s office of the county in which the property is situated, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over the same for himself, or as the executor, administrator, guardian, or conservator of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner.
property ownership legal title property possession executor administrator guardian conservator tenant possession lease lessee county recorder recorded deed fee ownership acts of ownership possession rights
Section § 10012
This law states that the procedures under this division should be interpreted in a way that best achieves its goals. If there are mistakes or omissions in the process that don’t impact the authority of the legislative body to proceed with the work or improvement, these errors won’t cancel or invalidate the process or any related cost assessments. If someone is negatively affected or disagrees with the proceedings, their only solution is to appeal to the legislative body as outlined in this division.
This division shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this division, which does not directly affect the jurisdiction of the legislative body to order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the legislative body in accordance with the provisions of this division.
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Section § 10013
This section states that if a notice or document needs to be posted or published and there isn’t a specified person responsible for doing it, the clerk should handle it. Even if there is an error regarding who posts or publishes the notice, as long as it is still published or posted for the required time, any mistake won't invalidate the process or proceeding.
Whenever any notice, resolution, order, or other matter is required to be published or posted, and the duty of posting or publishing, or procuring the same, is not specifically enjoined upon any officer or person, the clerk shall post or procure the publication or posting thereof, as the case may be.
No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this section as to the officer or person posting or publishing, or procuring the publication or posting, of any notice, resolution, order, or other matter when the same is actually published or posted for the time required.
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Section § 10014
This law says that if the clerk fails to mail a notice, or if someone doesn't receive it, it doesn't make the legal proceedings invalid. The legislative body can continue with the hearing as planned, even if notice issues occur.
The failure of the clerk to mail any notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceedings taken under this division, nor prevent the legislative body from proceeding with any hearing so noticed.
failure of notice proceedings validity clerk's mailing error notice not received hearing continuation legislative body notice issues legal hearing mailing notice notice failure impact valid proceedings notice error impact on hearing validity unaffected hearing procedures
Section § 10015
This law says that if a notice, order, resolution, or other matter isn't specifically required to be given in this part of the law or elsewhere in the division, then a lack of notice doesn't affect the validity of the proceedings.
No notice, nor any publication of any notice, order, resolution, or other matter, other than that expressly provided in this part or elsewhere in this division, shall be necessary to give validity to any of the proceedings provided in this division.
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Section § 10016
This law states that any official document, like a resolution or assessment, that needs to describe improvements, district boundaries, or specific land parcels, can use detailed plans or maps that are publicly available. The referenced plan or map will provide the precise details needed.
Any resolution, notice, report, diagram, or assessment which is required to contain a description of the improvements, the boundaries of the assessment district or any zones therein, or the lines and dimensions of any parcel of land, may, for a full and detailed description thereof, refer to any plan or map which is on file with the clerk, the county auditor, or the county assessor and which is open to public inspection. The plan or map so referred to shall govern for all details of the description.
resolution description notice description report description diagram details assessment details public inspection maps boundary description assessment district boundaries land parcel dimensions plan or map reference clerk filed map county auditor map county assessor map improvement description
